Dogra v Dogra (No 2) [2024] NSWCA 154

Dogra v Dogra (No 2) [2024] NSWCA 154

The hearing date was vacated and relisted because all parties were available in the week commencing 16 September 2024, prejudice to the other parties was small or non-existent and could be ameliorated by costs, the appellant and second respondent assured the Court that the preparation timetable would still be complied with, and the Court could accommodate the new hearing date without unduly affecting other litigants.

Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Appeal / Procedural Ruling on Application to Vacate and Refix Appeal Hearing Date
Outcome
Application to vacate and refix the appeal hearing date granted; existing preparation orders confirmed; second respondent ordered to pay costs of the hearing and costs thrown away.
Legal Topics
['adjournment' 'case Management' 'costs']
['civil Procedure' 'appeals'] ['adjournment' 'case Management' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Procedural Ruling on Application to Vacate and Refix Appeal Hearing Date

Legal Issues

  1. 1 ['Whether the appeal hearing date should be vacated and relisted because senior counsel retained by the second respondent was unavailable on the fixed date.' 'Whether the existing preparation orders should remain in place if the hearing date was changed.' 'Whether costs should be ordered in relation to the application and any costs thrown away.']

Ratio Decidendi

The hearing date was vacated and relisted because all parties were available in the week commencing 16 September 2024, prejudice to the other parties was small or non-existent and could be ameliorated by costs, the appellant and second respondent assured the Court that the preparation timetable would still be complied with, and the Court could accommodate the new hearing date without unduly affecting other litigants.

Court Disposition

Application to vacate and refix the appeal hearing date granted; existing preparation orders confirmed; second respondent ordered to pay costs of the hearing and costs thrown away.

Orders

  • ['Vacate Order 2 made on 27 May 2024 and in lieu thereof order that the appeal be listed for a one day hearing before the Court of Appeal on Monday 16 September 2024.' 'Confirm Orders 3-8 made on 27 May 2024.' 'The second respondent to pay the costs of the hearing today, 21 June 2024, together with any costs thrown...